Legal Opinion
In Re Danrik, Ltd.
United States Bankruptcy Court, N.D. Georgia
Decided October 19, 1988No. 14-68676PublishedCited by 26 opinions
1Opinion of the Court
ORDER
JOYCE BIHARY, Bankruptcy Judge.
This case is before the Court on the debtor’s objection to a claim by a landlord on a guaranty of a commercial lease. The debtor argues that the allowable claim is limited by 11 U.S.C. § 502(b)(6). The creditor argues that § 502(b)(6) does not apply to limit a claim against a solvent guarantor, and, alternatively, that if it does apply, that the landlord has suffered actual damages not covered by the limitations set forth in § 502(b)(6). This is a core matter under 28 U.S.C. § 157(b)(2)(B).
The Court held an evidentiary hearing on the debtor’s objection on…
2Cases cited7 opinions
- Kuehner v. Irving Trust Co.Supreme Court of the United States · 1937
- Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
- City Bank Farmers Trust Co. v. Irving Trust Co.Supreme Court of the United States · 1937
- Hippodrome Bldg. Co. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1937
- In Re RodmanUnited States Bankruptcy Court, W.D. Oklahoma · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re PPI Enterprises (U.S.), Inc.United States Bankruptcy Court, D. Delaware · 1998
- In Re Federated Department Stores, Inc.District Court, S.D. Ohio · 1991
- In Re Farley, Inc.United States Bankruptcy Court, N.D. Illinois · 1992
- In Re Allegheny International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1991
- In Re Loewen Group International, Inc.United States Bankruptcy Court, D. Delaware · 2002
21 more not listed; retrieve them via the Exa API.